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HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV MISRA, AJAY KUMAR-II
Sanjay Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the incident and initial complaint (Para 3 , 4 , 5) |
| 2. arguments by appellant and response from the state (Para 10 , 11) |
| 3. findings of the trial court regarding evidence and its contradictions (Para 13 , 16 , 17 , 21) |
| 4. legal principles governing appeal against acquittal (Para 18 , 22 , 24) |
| 5. final ruling and dismissal of appeal (Para 37 , 39) |
JUDGMENT :
AJAY KUMAR-II, J.
1. Heard Mr. Jata Shankar Pandey, the learned counsel for appellant, the learned A.G.A. for State-opposite party-1.
2. Challenge in this Criminal Appeal is to the judgment dated 15.09.2025 passed by Additional District and Sessions Judge, Court No. 18, Agra in Sessions Trial No. 1823 of 2022, State vs. Anand Kumar and Others , under Sections 307, 323, 504 and 506 IPC, Police Station Tajganj, District Agra, whereby the accused-opposite parties 2 to 4 have been acquitted by Court below of the charges framed against them.
3. Brief facts of the case are that on 28.05.2018, at about 5:30/5:45 p.m., the complainant Sanjay Kumar was going at his work place, as usual, as soon as he reached near the house of accused persons, all the accused persons (opposite parties 2 to 4) surrounded the complaina
Prosecution must prove guilt beyond a reasonable doubt; contradictions in witness testimony and unexplained delays undermine prosecution's case, supporting acquittal.
Appellate court should not interfere with reasonable acquittal view despite alternate possibility, factoring FIR delay, night identification doubts, intoxication-enabled fall injuries, strained relat....
Appellate interference with acquittal justified only if perverse, ignores material evidence, or no reasonable innocence view possible; here upheld due to contradictions, delay, defence credibility.
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
The court upheld the acquittal of the accused due to unexplained delay in FIR lodging and lack of corroborative evidence, emphasizing the presumption of innocence.
The presumption of innocence must prevail in appeals against acquittal, requiring compelling evidence to overturn a trial court's decision.
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